Legal Question in Criminal Law in California

Re: How can I get the DA to file perjury charges?

Unfortunately, I cannot agree with Mr. Torry or Mr. Miller. Accusations and statements made to the police and/or to the prosecutors are privileged and cannot form the basis for a civil suit. Then again, this really isn't what you asked about.

There is nothing you can do to force the DA to prosecute. DAs are confronted every day with far more cases than they are able to handle, and they have to pick and choose which ones they pursue. Their decisions are based on a variety of factors, including the severity of the crime, the amount of resources required to prosecute and the strength or weakness of the available evidence. Almost every victim who learns that the DA has decided not to prosecute reacts as you have reacted, and if there were a way to force the DA's hand then almost everyone would do so and the DA would basically have to pursue every case it was asked to pursue.

Putting public pressure on a DA can work (as another attorney has suggested), but usually the public only gets upset about more substantial matters than the one you have described.

A better strategy might be to consult with a different prosecutor in the same office. Just because one person has turned you down doesn't mean the next person will feel the same way.

But be careful. Situations like this have a way of spiraling out of control, and if you get this ex mad you may find yourself dealing with much more serious problems down the road.

Such a development would be good for your attorney (who stands to make a nice living off of the situation if it won't go away) but might not be in your best interests.

Somehow I get the feeling you have an attorney who has already told you this.

Re: How can I get the DA to file perjury charges?

if you are unable to get the DA to pursue your claims on a criminal level, for whatever his/her reasons, you may still have actionable claims in civil court in respect to invasion of privacy and/or defamation against your ex. if you would like a free phone consultation on this matter, email us directly with your contact information today.

Re: How can I get the DA to file perjury charges?

Thanks for your inquiry. You can't force the DA to file or not file charges, except by putting public or media pressure on the DA's office, which is sometimes done. You may want to consider bringing a civil suit for malicious prosecution, or abuse of civil process, after you are found not guilty, to recover your costs in doing so from your vengeful ex-fiancee.

I hope this helps, but I am available if you have any further questions or wish legal representation. Please feel free to email at [email protected], and I wish you the best of luck.